Dershowitz: Lawsuit Against Trump Order Still Has ‘A Very, Very, Uphill Fight’ To Win at SCOTUS

IAN HANCHETT9 Feb 2017

On Thursday’s broadcast of CNN’s “OutFront,” Harvard Law Professor Emeritus Alan Dershowitz argued that the lawsuit against President Trump’s immigration order still has “a very, very uphill fight to persuade the Supreme Court that: A. The state of Washington has standing. B. That you can apply the Constitution to people who have never been in the country who are simply seeking a visa for the first time.”

Dershowitz said that while Washington State got it what it wanted in its suit against the government, “[I]t doesn’t mean they’re going to win ultimately on the merits. They still have a very, very uphill fight to persuade the Supreme Court that: A. The state of Washington has standing. B. That you can apply the Constitution to people who have never been in the country who are simply seeking a visa for the first time.”

He added, “Look, there’s a way around this that’s a win-win for everybody. The president has lost, so he is now in a state of limbo. For weeks, perhaps even months, his order is going to be stayed. He claims that this is a threat to the national security of the United States. If he’s right, then he has only one option: Rescind the order, start from scratch, write a new order with his new attorney general, with the cooperation, perhaps of members of Congress, that will both protect the security of the United States, and avoid constitutional challenge. That’s his best option right now.”